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B.Saiprabha, v. The Government of Andhra Pradesh

Telangana HC25 Apr 2014WP/13153/2014

Case brief

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What is this about?

Writ petition challenging the requirement for Revenue 'No Objection Certificates' for property document registration. Court disposed of petition directing Sub-Registrar to register documents complying with Registration and Stamp Acts without NOC, or to refuse in writing under Section 71.

What did the court decide?

Directed Sub-Registrar, Kalyandurg to receive, process, and register documents fulfilling requirements of Registration Act, 1908 and Indian Stamp Act, 1899 without insisting on NOC; must refuse in wri

B.Saiprabha, Vs The Government of Andhra Pradesh — Writ and Judicial Review | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.13153 of 2014

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Dated : 25.04.2014

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Between:

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B.Saiprabha, W/o B.Adinarayana, 48 yrs., R/o Muttala Village, Athmakur Mandal, Anantapur District and three others

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.. Petitioners

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And The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad and three others

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.. Respondents

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This Court made the following :

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.13153 of 2014

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ORDER :

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In this writ petition the only grievance of the petitioners is with regard to the insistence by the registering authorities on production of ‘No Objection Certificates’ (NOCs) from the Revenue Authorities as a condition precedent for receiving and registering the documents presented by them for registration in connection with immovable properties.

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2. When the matter is taken up for consideration, learned counsel for petitioners and

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learned Government Pleader for Revenue submit that the subject matter to the extent of No Objection Certificate is squarely covered by the decision of Division Bench in W.A.No.1653 of 2013. With the consent of both counsel, the writ petition is disposed of at the admission stage. Learned counsel for petitioners also submits that the land in issue is not assigned to Ex-Servicemen.

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3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Kalyandurg, Anantapur District (4^th respondent) to receive and process the documents presented by the petitioners without insisting upon such NOC and in the event the documents presented fulfil the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the documents in accordance with the due procedure. However, if the 4^th respondent is of the opinion that the documents presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the parties in accordance with Section 71 of the Registration Act, 1908. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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JUSTICE P.NAVEEN RAO

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Date : 25.04.2014 ssp

B.Saiprabha, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

B.Saiprabha, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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